Alicia Hernandez-Mendez v. Todd Blanche
── Alicia Hernandez-Mendez v. Todd Blanche ──
Court: Court of Appeals for the Sixth Circuit
Date: May 28, 2026
Category: General
NOT RECOMMENDED FOR PUBLICATION
File Name: 26a0240n.06
Case No. 25-3755
UNITED STATES COURT OF APPEALS
FOR THE SIXTH CIRCUIT
FILED
May 28, 2026
ALICIA HERNANDEZ-MENDEZ, )
KELLY L. STEPHENS, Clerk
Petitioner, )
)
v. ) ON PETITION FOR REVIEW
) FROM THE UNITED STATES
TODD BLANCHE, Acting U.S. Attorney ) BOARD OF IMMIGRATION
General, ) APPEALS
Respondent. )
) OPINION
Before: SUTTON, Chief Judge; LARSEN and MURPHY, Circuit Judges.
SUTTON, Chief Judge. Alicia Hernandez-Mendez, a citizen of Mexico who illegally
entered the United States, sought cancellation of removal from this country. The Board of
Immigration Appeals denied the request because she committed identity fraud, a conviction that it
determined made her ineligible for cancellation of removal. We agree and deny her petition for
review.
I.
Born in Mexico, Hernandez-Mendez illegally entered the United States as an adult in
March 2001. She has lived in Ohio ever since. In November 2012, Hernandez-Mendez pleaded
guilty to felony identity fraud under Ohio law after she presented someone else’s identification as
her own. See Ohio Rev. Code § 2913.49(B). An Ohio court sentenced her to two years’ probation.
No. 25-3755, Hernandez-Mendez v. Blanche
In December 2012, the United States charged Hernandez-Mendez with removability for
entering the country without inspection. She conceded that the government had the right to return
her to Mexico but sought cancellation of removal in view of her many years in the country. Seven
years elapsed before an immigration judge heard her request in November 2020. At the outset of
the hearing, Hernandez-Mendez sought a continuance so that she could challenge the validity of
her identity fraud conviction. The immigration judge denied the request because Hernandez-
Mendez failed to show good cause for the delay. The immigration judge proceeded to deny her
application for cancellation of removal because her conviction for identity fraud made her
ineligible. See 8 U.S.C. § 1229b(b)(1)(C). The Board of Immigration Appeals affirmed both
decisions.
II.
Because the Board issued a reasoned opinion, we review its work. Castillo v. Bondi, 140
F.4th 777, 779 (6th Cir. 2025). We accept the Board’s factual findings as long as substantial
evidence supports them, and we size up its legal conclusions with fresh eyes. Seldon v. Garland,
120 F.4th 527, 531 (6th Cir. 2024). Hernandez-Mendez disagrees with two aspects of the Board’s
decision: (1) that her identity fraud conviction made her ineligible for cancellation of removal and
(2) that she failed to show good cause for a continuance.
Cancellation of removal. To qualify for cancellation of removal, Hernandez-Mendez must
show, among other requirements, that she has not been convicted while in this country of a “crime
involving moral turpitude” that could lead to one year in prison or more. 8 U.S.C.
§§ 1227(a)(2)(A)(i), 1229a(c)(4)(A), 1229b(b)(1)(C); see Pereida v. Wilkinson, 592 U.S. 224,
231–32 (2021). An offense involves “moral turpitude” if it
{# E23 (Nick, ruling section 1 answer 10): quoting a bill or a court opinion works
the way quoting a news article works. Select a passage above and the same panel
opens: the passage goes to the official you choose, with this document's own
address as its source and its own type. #}